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HomeMy WebLinkAboutC-9488-1 - PSA for Video Production and Programming Services0 e� U s December 4, 2024 Andrew Maisner CEO TV Pro Gear, Inc. 1630 Flower Street Glendale, CA 91201 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3001 1 949 644-3020 FAX newportbeachca.gov RE: C-9488-1 Professional Services Agreement with TV Pro Gear, Inc. for Video Production and Programming Services Dear Mr. Maisner, I hope this letter finds you well. I am writing because the City of Newport Beach would like to continue its relationship with TV Pro Gear, Inc. for Video Programming Services, pursuant to Section 1 of the Professional Services Agreement for Video Programming Services dated January 2, 2024, the City hereby provides written notice that the City is exercising one (1) of its two (2) options to extend the term of the agreement for one (1) additional year. The City reserves its remaining option to extend for a second additional year for election at a later date. Please feel free to contact me if you have any questions or comments. The City of Newport Beach looks forward to continuing our relationship in the year to come. Regards, 4t4 JL Tara Finnigan Assistant City Manager Cc: Scott Donovan 1 00 W TAI C?' ME PROFESSIONAL SERVICES AGREEMENT WITH TV PRO GEAR, INC. FOR VIDEO PRODUCTION AND PROGRAMMING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 14th day of December, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TV PRO GEAR, INC., a Nevada corporation ("Consultant"), whose address is 1630 Flower Street, Glendale, CA 91201, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide Video Production and Programming Services ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall continue for a period of one (1) year, expiring upon its anniversary date. The City shall have the option to extend the term of this Agreement for up to two (2) additional one (1) year extensions, each extension commencing upon the expiration of the immediately preceding term. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. TV Pro Gear, Inc. Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Scott Donovan to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office. City's Public Information Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards --arrd with -the -or i e of skjll-acid-care-that-woutd--be-used nably-- TV Pro Gear, Inc. Page 3 competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. TV Pro Gear, Inc. Page 4 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any Other the following shall be Ta-r�-"a.��'fign•ment�-----5•�Ia-rc, -as�ioigi II I I1Un+,T-ram U Cn ...,61r-ether disJpo-sitic4Tol--a-ny — TV Pro Gear, Inc. Page 5 of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. TV Pro Gear, Inc. Page 6 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. TV Pro Gear, Inc. Page 7 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Public Information Manager City Manager's Office City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Scott Donovan TV Pro Gear, Inc. 1630 Flower Street Glendale, CA 91201 TV Pro Gear, Inc. Page 8 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained erein shall not be deemed tobea waiver of any subsequent reac TV Pro Gear, Inc. Page 9 of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] TV Pro Gear, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: t 7/ 1-;23 By: k c�) on C. Harp , n%s City Attorney ATTEST: Date: eilani ►t� 1 � ; I.'Brown City Clerk _ CITY OF NEWPORT BEACH, a California municipal corporation Date: 2I 20z3 By: Gr ,q . Leung dhy Manager CONSULTANT: TV PRO GEAR, INC., a Nevada corporation Date: Signed in Counterpart By: Andrew Maisner Chief Executive Officer Date: By: Signed in Counterpart Sheldon Zalansky Chief Financial Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements TV Pro Gear, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 )q )Z;; By: WJ ✓< , ron C. Harp Ci y Attorney ATTEST: Date: Az Leilani I. Brown City Clerk (vs, "7r ,/�'l?3 CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Grace K. Leung City Manager CONSULTANT: TV PRO GEAR, INC., a Nevada corpor tion r 7- Date: /�43 By: Andrew Maisner Chief Executive Officer Date: 17-171 J Ze3 N`heldon Za an ky Chief Financi� I Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements TV Pro Gear, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES TV Pro Gear, Inc. Page A-1 SCOPE OF SERVICES SCOPE OF SERVICES FILMING AND STREAMING MONTHLY CITY COUNCIL AND PLANNING COMMISSION MEETINGS AND OTHER SPECIAL MEETINGS AS REQUIRED Consultant shall film, stream and upload Newport Beach City Council and Planning Commission meetings on a weekly basis using the robotic system installed in the City facilities. Contractor shall be responsible for programming all new meetings and short videos onto the NBTV playback system. Typically, there are 2 Council and 2 Planning meetings each month. The filming of special meetings may be required periodically. Consultant shall provide services to the City, under the direction of the City Manager's Office, which shall identify specific tasks, deliverables and deadlines. Most videos will be placed on the City's social media platforms, the City's website and YouTube channel, and broadcast on NBTV. Services will require writing, filming, and editing using the contactor's production equipment, as well as providing music, graphics and voice-over talent as needed. Videos may require the use of engaging graphics to provide key information. All content created under this Agreement shall be the exclusive property of the City of Newport Beach. The City shall have and retain all rights, including but not limited to, use, reproduce, license, sell, make derivative works, and distribute the content, without any royalties, fees, or other remuneration due to Consultant other than the compensation set forth in this Agreement. Additionally, the City shall be credited as the owner of the content whenever it is used. P� p 4,t �-A .W SYSTEMS DESIGN I INTEGRATION I MOBILE SOLUTIONS 81 8-246-71 00 1 tvprogear,com October 18 2023 Dear Newport Beach Team. We are pleased to present this proposal to provide on -call videography and editing sere ices. under RFP No.24-27 tar the City of Newport Beach. TV Pro Gear. Inc. is an S Corporation based in Glendale. CA. founded in 1997. We have the extensive background to provide an experienced. knoi\ ledgeable and professional staff versed in city production as well as all production. We have had an ongoing contract with the City ol'Santa Ana For the last') years to provide videos for numerous events and topics. Phis gives us direct experience with the content Vourcity needs produced. In addition. we have run CON council meetings and state of the city addresses for the Cities of Santa Clarita and Compton. \i'c also I ilm many other live events for organizations such as Universal Music Group, Capitol Records and Rollingstone.com. We will present the extent ofour work later in this proposal. In addition to providing production seI-V ices, '1'V Pro Gear is a system integrator for ►nam cities in Southern California including Santa Monica. Bc\erly Hills. Manhattan Beach as well as the City of Menifee. This past year'FV Pro Gear expanded our office space and opened 1632 Stage + Post. a full production facility which includes a 1.500 square foot green screen stage. multiple edit/FX suites. a Dolby Atmos room, color correction stage, a screening room and full post production capabilities. This gives us a full post production team to handle your city's needs. We look forward to expanding on this further in this proposal. Best regards, � 6* :P J44 Cr)/d'IGv Scott Donovan/General Manager 1630 Flower Street Glendale. CA 91201 Ph (818) 246-7407 Mn (818) 246-7100 Fx (818) 246-1945 Email:,c,,i, i%i i,�car.�c,nl ualifications and Ezoerience of the Firm: Founded in 1997, TV Pro Gear, Inc. has been providing production services as well as system integration services for many cities for the last 25 years. As mentioned in our cover letter, we have had a contract for production services for the City of Santa Ana for the last 3 years. We have shot and edited multiple events for the city, filming Mayor Vicente Sormiento throughout his full tenure as mayor. We filmed his swearing in ceremony during the heart of the Covid pandemic, in addition to multiple Covid video updates for the city. We have filmed many events for them including their Winter Village holiday event, 5K/10K races, Mid -Autumn festival, Fiestas Patrias festival, a redistricting video, 0' of July, Revive Santa Ana series, to name a few. Most of these videos were done in English and Spanish and some Vietnamese. I will provide links to multiple videos at the end of this section. In addition, we filmed the state of the city address for the City of Santa Clarita as well as running city council meetings for them and the City of Compton, LA36, as well as the City of Menifee. A word about System Integration: TV Pro Gear has been building city council chamber AN and broadcasting infrastructure for many years. We have built the infrastructure for multiple cities including the Cities of Beverly Hills, Manhattan Beach, Santa Monica, Santa Clarita, Stockton, Ridgecrest, Compton and more. In addition, we build production vehicles. For instance, Santa Monica has a green production vehicle that we built for them. I mention this side of our business because we use the systems we build and our team is trained on them and employs that experience in the field. This may not always be a factor, but we thought it was worth mentioning. Another side of our system integration business is building flypacks. A flypack is a mobile system that is used when filming live events. It houses much of the equipment needed for a live broadcast production. Depending on the size of the event and the needs of the shoot, we may employ one of our flypacks where needed. This gives us an additional tool to use in the field. Equipment: TV Pro Gear is a dealer for over 120 different manufacturers. This is needed for our system integration work in addition to our production services. I mention this to say that we have many different cameras and styles of cameras that can be employed on your shoots. We have Sony broadcast and cinema cameras in addition to their brand new PTZ camera. We also have multiple Panasonic broadcast cameras in addition to PTZ's. We also have JVC operator and PTZ cameras. We also have multiple switchers from Ross, NewTek and Black Magic Design. The point being, we have all the video and audio equipment required to execute this RFP if additional items are ever needed. Other Production: City production is only one aspect of what we do. We also, film concerts, sporting events, corporate events, red carpet events, Esports, streamed events and commercials. We recently filmed a large KPOP concert at the Bank of California (BMO) stadium. We film regular concert events for Universal Music Group and Capitol Records. We even have a shoot this week at Sea World filming the premiere of their new roller coaster. Other recent events were filmed for the Bloomberg Network, Ms. Filipina Contest and El Sembrador church at the L.A. Convention Center. Staff. TV Pro Gear will be using our staff, including producers, directors, cameramen, audio techs, engineers, utilities, editors, FX, colorists and any other staff to execute the job. We do occasionally use our vetted team of freelancers for jobs, but they are professionals that we hire regularly. We do not intend to use any subcontractors. TV Pro Gear Team Scott Donovan (Generral Manager/Producer/Director) Scott is head of marketing for TVPro Gear and has over twenty five years of producing/directing experience. He has been with the company for four years. He holds a bachelor's degree in Marketing and Management from SienaCollege, Albany, NY. Prior to joining TVPro Gear, Scott worked in film production and casting for many years in LosAngeles. At TVPro Gear, Scott overseesall forms of marketing including digital. In addition, he works as avideo producer. Most recently, he produced/directed all of the PSA's for the City of SantaAna. He worked on the USC graduation ceremonies last year. He hasproduced many of the marketing videos that can be seen on TVPro Gear's website and on YouTube. Jason Young— (Editor/VisualEffects/Audio Engineer) Jason is also a video editor. His credits include Visual Effects on the feature films"All Halloween", " Boris and the Bomb" and the Netflix comedy special Gabriel Iglesias. He wasthe editor for the virtual graduation ceremonies for Westmark School in Encino last year. Lastly, we performed editing and created visual effects for 420 Apple training videos. Jason has edited and created graphics for all videos we've produced for the city of Santa Ana. Andrew Maisner (President and Founder of TVPro Gear) Andy founded TVPro Gear in 1997. Prior to that, he wasPresident of American Video Factory for eleven years. Before headingup AVF, Mr. Maisner worked as a commercial and documentary director. He is a graduate of UCLA with a degree in Economics. He and his companies have provided crewsand equipment for over one -thousand hours of entertainment from the Wonder Years to Divorce Court. He produced Leslie Nielson's"Bad Golf Made Easy"and Rodney Dangerfield's"Guide toGolf Style and Etiquette". Maisner directed the award-winningdocumentary "Requiem for an Alcoholic" and "Arizona State Prison— the Writers Workshop". He has directed commercials for AT&T "The TalkingYellow Pages" and twelve "Mac Gallery" series of Apple commercials. Benny Altamirano ( ChiefEngineer/rechnical Director)- hasbeen with TVPro Gear for seven years. He is avideo engineer, IT specialist and video editor. Benny has been the Engineer in Charge or Technical Director on hundreds of productions for TV Pro Gear. He has overseen productions for concert events including Wango Tango, Outsidelands, with artists ranging from Taylor Swift to Metalica. He has worked on the Fox television series"Divorce Court" and edited multiple promos for "Bar Rescue". He wasin charge of world-wide live streaming of the EDC (Electronic Daisy Carnival) the 3-day music event shot annually in LasVegas and attended by over a quarter of a million concert goers. He has also been the Chief Engineer for a Microsoft contract for the video game Forza, traveling to Seattle monthly for their live strem events. Above are the key personnel for the management of the project. We also have a second engineer as well as other utilities we use. In addition, we have some industry freelancers we use as camera operators. John Sandoval (Director of Photography/Camera Operator) - John Sandoval is a DP/Camera Operator. Originally from New Mexico, John studied photojournalism at New Mexico State University. He then transferred to the USC Film School where he received a Bachelors of Arts in Cinema Production. Post graduation he worked in news for eight years mostly with CNN as a photojournalist. He received an Emmy in 2007 for a news segment he shot for PBS, after that moving into prime time broadcast television as a camera operator working for shows like America's Got Talent, The Voice and other reality tv shows. Most of his best work has come as DP/Camera Operator shooting home follow profiles of artists on these shows. He is experienced in advanced lighting techniques, gimbal operation, dolly camera operating and drone control. I believe story telling through strong visual style can have a lasting impact on the viewer. Through his work he looks to inspire and motivate and approach each story as a new adventure to discover and experience life. e: ian@iancampbelldp.com Ian Campbell w: w3.iancampbellcip.com DIRECTOR OF PHOTOGRAPHY m: 626.825.0032®iMod Professional Profile My driving passion is to bring compelling stories to film and video production and create a dynamic vision for every project. As a graduate of Art Center College of Design, I have extensive skills and knowledge in the complete production process from conception to completion. My experience encompasses all genres; corporate videos, feature films and documentaries, in all formats; 4K, VR, HD and film. I bring professionalism, a great eye and excellent attitude to every production. My work has been seen worldwide in film festivals, on national TV and on streaming services. See more at www.iancampbelldp.com. Work Experience (complete list available upon request) 2016-2019 DP Vieux Farka Tour6 Documentary A documentary on Malian musician Vieux Farka Tour6, son of legendary musician Ali Farka Tour6. An independent production produced, shot and edited by myself. Production involves Script writing, Budgeting and Filming around the world, utilizing the latest technology to capture live shows and documentary footage of life in different countries. 2017 DP Leslin Films DP for the feature film "Girl Lost". Manager of all departments, including camera, lighting, and rigging during principal photography and assisted in editing and digital delivery. 2015 Videographer The Wait Disney Company Oversaw pre- through post -production; script development, direction, videography, editing, motion graphics and online deliverables for the IT Department. 1999-Current DP Media1044 Projects include Documentaries, Corporate Videos, Feature Films, Commercials and Music Videos. Pre -Production responsibilities encompass client consultation and interpretation of client's vision, assessment of production needs, management of budget and schedule. Production duties involve creation of scripts and storyboards, direction of talent and camera angles, lighting, audio and camera operation and management of crews. Post -Production assignments include editing, audio mixing and graphic design. www.media1044.com 2012-Current DP Epson/Precision Productions Videographer on a series of HD product tours and overview videos featuring in depth coverage and contextual portrayals of the full line of Epson products shot on location and at Epson Headquarters. Responsible for lighting, camera operation, hiring and management of crews. 2012-13 DP Patagonian Expedition Race Created, developed and directed a 1-hour documentary that tells the story of an adventure race held annually in Chilean Patagonia. Responsibilities included coordination of talent, production logistics in the wilds of Patagonia and camera operation. Trailer can be seen here: www.thelastwildracemovie.com. 2010 Videographer MillenWorks Shot the development and testing of advanced vehicle suspension components at military bases around the country. 2008 DP Toyota/Calty Design Created company branded development pitch videos and year-end company overview. Director of Photography Skills • Client negotiations, collaboration and management. • Identifying production needs, developing Budget and Production schedules. • Script creation and writing. • Management of production resources in the creation and development of large and small video productions. • Great crew and equipment vendor relationships are key to a successful production so I have spent much time building and maintaining those relationships. • Expert in operation of the latest in camera, audio and lighting technology from leading manufactures: !Canon Panasonic somY A/ikonARRl " • Advanced Experience in Editing Suites and Post Production software: h1 Adobe" -c AVId • My work involves multi -tasking to the extreme, knowing what's shooting now and being ready for what's shooting in an hour. Administrative Skills • Very strong verbal and written communication skills • Expert in both PC and Mac platforms and software • 1 am detail oriented and very organized. • 1 approach problems from all angles to solve them as efficiently and quickly as possible, always weighing the costs to both personnel and the bottom line. Education Art Center College of Design BFA Film Production V_ PCC Professional References Jerry Magana 949-351-4963 Producer Pasadena City College AA Film and Television program Tyler West 805-402-8151 West Studios Owner Ian Caryipuell UIRK.TOR OF PHOTOGRAPHY ian@iancampbelldp.com 626.825.0032 Method of Approach/PrrojectApproach 1) Our approach is simple: Achieve the highest quality product/video at a reasonable price. We are very aware that cities are operating within a budget, so we always do our best to help you achieve your goals within that framework. Everyone on the TV Pro Gear team has come from a production background. We are all producers, directors, writers, editors, camera people, audio engineers and have all had to learn to make content on a tight budget. This has helped us hone our skills in this department. We have a team of professionals who have done many of the videos listed and also work in the film industry. Their goal is always to get the highest quality product for our clients. These are people who work on top shows such as American Idol, The Voice and America's got Talent to name a few. Whenever a project is proposed to us, we will do a quote and have it approved by the Newport Beach team before we move forward. We will go the extra mile in the field and in post production to make sure you are happy with the end result. This is how we have operated in Santa Ana and they just renewed our contract. 2) The best way we can demonstrate our abilities is through our experience. Many of us many been doing this for over 30 years, with a younger team who we are training. Doing multiple shoots a months puts you in a position to have to be efficient and effective. This is the best endorsement for our approach. Experience puts you in the best position to succeed. As mentioned above, we will employ all of our top line equipment to achieve this goals as well. In addition, safety is always a top priority as well as professionalism. 4) Q1 N C d J E m U 41 •+ O O C C ++ 32 7 7 3 3 O 2 2 ° M N N d N 4A \ \ c ° ,n (A ° N N c. 0i O1 C c J Ln H to 07 C C J 0 01 O C J .2 ° p = � - L co = CO = = p m J U U 00 LM LD I� = M X Ln tn E W W W W W m co co m �== m p 0 E ul Ln Ln Ln G* q LA 0 Ln 00 td X X X X X x N 0000 -1-I rM-I rm 00 �-I N q� N X N N = _ _ _ D 7C = C C C C C C C C C C O O O O O O O O O O C C C C C C C C C C LL LL LL LL LL LL LL LL LL LL ++ k O L a E (8 L a, EL U E v j� ° CL Q d E Um U c m a O d E to U m ° E m U ° p = 0 a N Y c o 0 U U u O E :o m 3 U +. p Ci co Y M ct a 0 q 0) RV 0) LL () Q v_ Q Ln _v U LLLL LL = O � O N c c c c c U V) W V) a a EXHIBIT B SCHEDULE OF BILLING RATES PROPOSED PRICING Section A Pricing SERVICE HOURLY RATE DAILY RATE Filming and Streaming using City's Robotic Camera 100/hour/operator $800/8 hour Day/meeting System $ $ Uploading and Scheduling new programs on NBTV 50/hour hours/day $ $400/8 Uploading finished videos to website and social media platforms $50/hour $400/8 hours/day Pre-pro"duciion 50/hour 400/8 hours/day $ $ Filming 1 00/hour/person 800/8 hours/day $ $ Editing 1 00/hour/person 800/8 hours/day $ $ One engineer/operator will be sent to handle meetings as set forth in the Scope of Services, Exhibit A. If more than one engineers/operators are required, billing would be adjusted accordingly for time spent by each additional engineers/operators. A typical meeting would generally be billed 4-6 hours, which includes time for travel, set up, and operation. Hours billed may be more or less depending on actual length of the meeting. TV Pro Gear, Inc. Page B-1 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coveraae Reauirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from bodily injury, property damage, completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). TV Pro Gear, Inc. Page C-1 C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Technoloav Professional Liability (Errors & Omissions) Insurance. Appropriate to the Consultant's profession and work hereunder, with limits not less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) in the aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. (a) The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the City in the care, custody, or control of the Consultant. If not covered under the Consultant's liability policy, such "property" coverage of the City may be endorsed onto the Consultant's Cyber Liability Policy as covered property as follows: (b) Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the City that will be in the care, custody, or control of Consultant. (c) The Insurance obligations under this agreement shall be the greater of 1—all the Insurance coverage and limits carried by or available to the Consultant; or 2—the minimum Insurance requirements shown in this agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to City. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the indemnity or other obligations of the Consultant under this agreement. TV Pro Gear, Inc. Page C-2 E. Drone Liability Insurance. Consultant shall maintain drone liability insurance including bodily injury, property damage, products and completed operations, personal & advertising injury, cyber liability including cyber security and invasion of privacy, and non -owned aircraft with combined single limit not less than $2,000,000. Legal defense coverage shall not exhaust the combined single limit. F. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant's primary and excess liability policies are exhausted. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, automobile liability, drone liability and cyber liability if required, but not including professional liability, shall provide or be endorsed to provide that the City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be additional insureds with regard to liability and defense of suits or claims arising out of operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such operations. Additional Insured Endorsements shall be at least as broad as ISO Form(s) CG 20 10 85; or ISO Forms CG 20 10 and CG 20 37. TV Pro Gear, Inc. Page C-3 C. Primary and Non Contributory. This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Aareements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. B. City's Riaht to Revise Reauirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Insurance for Subcontractors. Consultant shall be responsible for causing Subcontractors to purchase the same types and limits of insurance in compliance with the terms of this contract, including TV Pro Gear, Inc. Page C-4 adding the City as an Additional Insured, providing Primary and Non - Contributory coverage and Waiver of Subrogation to the Subcontractor's policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as broad as CG 20 38 04 13. E. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. F. Reauirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. G. Deductible or Self -insured Retentions. Any deductible or self -insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention. The City may require the Permittee to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the Permittee or the City. H. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or TV Pro Gear, Inc. Page C-5 may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. J. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. TV Pro Gear, Inc. Page C-6 `` 2 248 P+ 78 ® C QSearch Insured Name TV Pro Gear, Inc. (FV00001105) Q TV Pro Gear, Inc. (FV00001105) Active Records Only Advance Search Insured Tasks Admin Tools View sZ= Insured RNotes History �= Deficiencies Coverages Requirements Add Edit Help Video Tutorials 7= Deficiencies Name: Account Number: Address: Status: TV Pro Gear, Inc. n FV00001105 1630 South Flower Street, Glendale, CA, 91201 Compliant with Waived Deficiencies. The following deficiencies are according to last validation on :12/20/2023 Deficiencies Information Waiver Created Authorized E Coverage Deficiency Waived Reason By By C Auto Liability - ANY Auto;, or 'Owned,. Hired, Non - Owned' Auto Business Sarah Autos are Yes chua 1 Liability Decision Rodriguez not properly. identified. Scheduled Auto NOT allowed. Professional Liability_ Missing Professional Business Liability Required Yes Decision chua Grace Leung 1 Liability Coverage.